62-214.320. Applications

The designated representative of any Title V source containing an Acid Rain unit shall submit to the Department a complete Acid Rain Part application no later than the applicable deadline of this section. The Acid Rain Part application shall be submitted pursuant to this chapter and to Rule 62-213.420, F.A.C. The designated representative of an Acid Rain Source has the option of filing the Acid Rain Part application as a separate document from the Title V Air Operation Permit application and requesting separate processing. The Department shall process the Acid Rain Part application pursuant to Chapter 62-213, F.A.C. The owners and operators of such source and any Acid Rain unit at the source shall not operate the source or unit without a Title V permit which includes an Acid Rain Part, except that a source having a valid air construction or operation permit or a site certification pursuant to the Florida Electrical Power Plant Siting Act and for which the designated representative has submitted a timely and complete initial Acid Rain Part application shall be deemed in compliance with the Federal Acid Rain Program requirements provided that the designated representative submits all timely supplemental information as provided at Rule 62-213.420, F.A.C., and provided the source operates in compliance with the terms and conditions of the Acid Rain Part application during the Department’s processing of the application.

(1) Timeliness. The designated representative shall submit a complete Acid Rain Part application as set forth below and at each renewal:

(a) For any new unit, the designated representative of the source containing the unit shall submit a complete Acid Rain Part application governing such unit to the Department at least 24 months before the date on which the unit commences operation.

(b) For any unit that did not serve a generator with a nameplate capacity greater than 25 megawatts-electrical (MWe) on November 15, 1990, but serves such a generator after November 15, 1990, the designated representative of the source containing the unit shall submit a complete Acid Rain Part application governing such unit to the Department at least 24 months before the date on which the unit begins to serve a generator with a nameplate capacity greater than 25 MWe.

(c) For any unit which was a simple combustion turbine on November 15, 1990, but which adds or uses auxiliary firing after November 15, 1990, the designated representative of the source containing the unit shall submit a complete Acid Rain Part application governing such unit to the Department at least 24 months before the date on which the auxiliary firing device commences operation.

(d) For any unit that was an exempt cogeneration unit pursuant to 40 C.F.R. 72.6(b)(4), adopted and incorporated by reference at Rule 62-204.800, F.A.C., but which during any three calendar year period after November 15, 1990, sold to a utility power distribution system, as defined at 40 C.F.R. 72.2, adopted and incorporated by reference at Rule 62-204.800, F.A.C., an annual average of more than one third of its potential electrical output capacity, as defined at 40 C.F.R. 72.2, and more than 219,000 megawatts-electrical hours (MWe hrs) output, on a gross basis, the designated representative of the source containing the unit shall submit a complete Acid Rain Part application governing such unit to the Department before March 1 of the year following the three calendar year period in which the unit sold to a utility power distribution system an annual average of more than one-third of its potential electrical output capacity and more than 219,000 MWe-hrs actual electric output on a gross basis.

(e) For any unit which was exempt pursuant to 40 C.F.R. 72.6(b)(5), adopted and incorporated by reference at Rule 62-204.800, F.A.C., but which at any time after the date of November 15, 1990, or the date the source containing the unit commences commercial operation, fails to meet one or more of the criteria of 40 C.F.R. 72.6(b)(5), the designated representative of the source containing the unit shall submit a complete Acid Rain Part application governing such unit to the Department before March 1 of the year following the calendar year in which the source fails to meet one or more of the criteria of 40 C.F.R. 72.6(b)(5).

(f) For any unit which was exempt pursuant to 40 C.F.R. 72.6(b)(6), adopted and incorporated by reference at Rule 62-204.800, F.A.C., but which at any time after the later of November 15, 1990, or the date the source containing the unit commences commercial operation, fails to meet one or more of the criteria of 40 C.F.R. 72.6(b)(6), the designated representative of the source containing the unit shall submit a complete Acid Rain Part application governing such unit to the Department before March 1 of the year following the calendar year in which the source fails to meet one or more of the criteria of 40 C.F.R. 72.6(b)(6).

(g) For any unit which was a solid waste incinerator, burning less than 20 percent fossil fuel as described in 40 C.F.R. 72.6(b)(7), adopted and incorporated by reference at Rule 62-204.800, F.A.C., the designated representative of the source containing the unit shall submit a complete Acid Rain Part application governing such unit to the Department before March 1 of the year following the three calendar year period in which the incinerator consumed 20 percent or more fossil fuel on a British thermal unit (Btu) basis.

(h) For any unit that would opt-in to the Acid Rain program as described in 40 C.F.R. Part 74, Sulfur Dioxide Opt-Ins, adopted and incorporated by reference at Rule 62-204.800, F.A.C., the designated representative of the source containing the unit may submit a complete Acid Rain Part application with monitoring plan governing such unit at any time to the Department.

(i) Pursuant to subparagraph 62-213.420(1)(a)2. and subsection 62-213.430(3), F.A.C., the designated representative of any Title V source having a Title V permit with an Acid Rain Part shall submit a complete application for renewal of the Title V permit with an Acid Rain Part for each Acid Rain unit at the source, and the designated representative of a Title V source having a separate Acid Rain Part shall submit a complete application for renewal of the separate Acid Rain Part for each Acid Rain unit at the source.

(2) Information Requirements for Applications. The designated representative shall submit a complete Acid Rain Part application using DEP Form No. 62-210.900(1)(a) and DEP Form Nos. 62-210.900(1)(a)1., 2., and 3., as appropriate, and including the following:

(a) Identification of the Acid Rain source;

(b) Identification of each Acid Rain unit at the source;

(c) A complete Acid Rain compliance plan for each unit, in accordance with Rule 62-214.330, F.A.C.;

(d) If the unit is a new unit or opt-in souce, the date that the unit commenced or will commence operation and the deadline for monitor certification, pursuant to 40 C.F.R. Part 75, adopted and incorporated by reference at Rule 62-204.800, F.A.C.;

(e) If the unit is an opt-in combustion source, the information required pursuant to 40 C.F.R. 74.16, adopted and incorporated by reference at Rule 62-204.800, F.A.C.;

(f) Notification for any exemptions of Acid Rain units if the designated representative indicates such exemption in accordance with Rule 62-214.340, F.A.C.; and

(g) Certification, in accordance with Rule 62-214.350, F.A.C., that the data submitted are true and correct and that the Acid Rain source and each Acid Rain unit shall operate in accordance with the terms and conditions of the Acid Rain Part application  (DEP Form No. 62-210.900(1)(a)).

Rulemaking Authority 403.061, 403.087, 403.0872 FS. Law Implemented 403.031, 403.061, 403.0872 FS. History–New 1-3-95, Amended 7-6-95, 12-10-97, 1-3-01, 4-16-01, 6-2-02, 3-16-08, 3-11-10.